Legal Question in Wills and Trusts in Ohio
Judges' discretion in probate?
Does the probate judge have any discretion regarding an estate, or is he bound to the state law if no will or trust was executed? Also, is there any way to locate a will if none was filed in probate and no known attorney? We are certain a will was executed...
1 Answer from Attorneys
Re: Judges' discretion in probate?
The original will must be filed with the probate court. If it cannot be found the presumption is that it does not exist, or was destroyed by the testator. If there is no will, then the statutory law od descent and distribution applies. The judge has no discretion in this regard. If you believe a will was executed, you could check to see if it was placed on deposit with the probate court in the county the testator lived in when the will was executed. You may also want to check with the probate courts in any other counties the testator lived in.
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